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Resolutions of Iftaa' Board

Resolution No.(116): “Sharia Ruing on Paying a Compensation to Partners“

Date Added : 28-10-2015

 

Resolution No.(116): “Sharia Ruing on Paying a Compensation to Partners“

Date: 4/9/1427 AH, corresponding to 27/9/2006 AD.

 

The Board received the following question:

In 1999, a person assumed operating a land in which he was a partner and which was irrigated free by a natural flow of a spring water. In 1994, the Water Authority of Jordan drew out its water shares in that spring in order to deliver them to residential areas. As a result, he was forced to purchase plastic pipes and a generator to pump the water to his land. In 2001, he and his partners filed a suit against the Water Authority of Jordan because of the harm inflicted on them. However, his partners didn`t cover any expenses concerning that lawsuit because the lawyer was supposed to receive a percentage from the compensation, so he had to cover all the expenses on his own. After filing that suit, his partners proposed selling their shares in that land to him, and he agreed and the deal was concluded. In February of 2006, the court ruled that the Water Authority of Jordan pays a compensation to the land owners because its value as irrigated land differed from its value as unirrigated land. On its part, the Water Authority of Jordan did pay the compensation and ordered the Lands Registration Department to transfer that land from irrigated into unirrigated. Is that person entitled to take that compensation for himself because he is the only one who was inflicted with harm while operating the land and after purchasing it as it was changed from irrigated into unirrigated, or is that compensation the right of all his partners?

Answer: All success is due to Allah

The Board is of the view that all partners are entitled to receive the compensation, and the above person`s purchase of their shares doesn`t deny them their right in the compensation since he did so after the suit was filed.

Besides, his partners sold him their shares after the price of the land had decreased. However, the Board sees that he is entitled to claim the costs, which he paid for buying the plastic pipes and the generator, from them. And Allah Knows Best.

 

 

The Iftaa' Board

        Chairman of The Iftaa' Board

            Chief Justice/ Dr.Ahmad Hlyaal

                    Sheikh AbdelKareem Al-Khasawneh

Dr. Yousef Ali  Ghythan

                                                                 Dr. Wasif Al-Bakhri

                                                                 Sheikh Saeed Hijawii

Sheikh Naeem Mujahid

                                                                 Dr. Yaser Al-Shamali

 

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Summarized Fatawaa

Is it permissible to agree with a butcher to purchase the meat of an animal after it has been slaughtered — for instance, by buying the meat of a sheep at a price determined by the weight of its meat following slaughter, at a fixed rate per kilogram? And what is the ruling if the animal is being purchased with the intention of it being an uḍḥiyyah (sacrificial offering)?

 
 
 
 
 

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is not permissible to sell livestock in the manner of pricing each kilogram of meat after slaughter at a fixed rate, because the meat within the animal prior to slaughter is unseen and unknown. This leads to jahālah (ignorance of the subject matter) and gharar (contractual uncertainty), both of which are among the invalidating factors in sales transactions.
However, it is permissible for the buyer to issue a promise to purchase the meat of the animal after slaughter at a specified price per kilogram, with the actual sale being concluded at the time of weighing the meat — at which point both the quantity of the goods and the total price become known. There is no Sharī'ah objection to this arrangement.
The jurists have stipulated that for a sale to be valid, both countervalues must be present and observable. Al-Khaṭīb al-Shirbīnī, may Allah have mercy upon him, states:
"It is valid to sell a heap of grain whose total measure is unknown to both contracting parties at a rate of one sā' per dirham. This sale is valid because the subject of sale is present and observable, and ignorance of the total price is not harmful since it is known in detail — and uncertainty is thereby lifted."— [Mughnī al-Muḥtāj, Vol.2/P.355]
As for the uḍḥiyyah, the 'aqīqah, and vowed blood sacrifices (al-dam al-mandhūr) — full ownership of the animal must be established prior to slaughter. It is not valid for such animals to be slaughtered while still in the ownership of the butcher. Rather, the animal must be purchased alive and then slaughtered with the intention of uḍḥiyyah or the like. And Allah Almighty knows best.

What is the ruling on performing the obligatory prayer immediately after the commencement of the Adhan?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible to perform the obligatory prayer (Fard) immediately after the commencement of the prayer time. As the Adhan (call to prayer) serves as a sign that the time has entered, it is permissible to pray as soon as the Adhan begins. However, it is recommended (Mustahabb) for whoever hears the Mu’adhin to repeat what he says. If the Adhan occurs while one is already engaged in prayer, he should repeat the words of the Mu’adhin after he has completed his prayer. And Allah the Exalted knows best.

What is the ruling of Islamic Law on the prayer of zawal?

 

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is recommended (sunnah) to pray four rakʿāt — either with a single tasleem or as two separate sets of two rakʿāt — immediately following the sun's decline from its zenith (zawāl). This prayer is distinct from the regular Sunnah prayer of Ẓuhr (sunnat al-ẓuhr al-rātibah), as explicitly stated by the Shāfiʿī jurists.
It is mentioned in Nihāyat al-Muḥtāj: "The prayer of zawāl is offered after the sun's decline — so were one to perform it before that, it would not count. It consists of two or four rakʿāt and is distinct from the Sunnah of Ẓuhr, as is evident from the fact that it is mentioned separately after the regular Sunnah prayers, and it becomes a make-up prayer (qaḍāʾ) if a long period of time passes by customary reckoning... Al-ʿAlqamī stated: 'Scholars refer to this as the Sunnah of Zawāl, and it is distinct from the four rakʿāt that constitute the Sunnah of Ẓuhr.' Our shaykh said: Al-Ḥāfiẓ al-ʿIrāqī stated that among those who explicitly affirmed its recommendation was al-Ghazālī in al-Iḥyāʾ, in the chapter on devotional litanies, noting that there is no tasleem between them — meaning there is no break between each pair of rakʿāt."
The time of the sun's decline (zawāl) marks the very beginning of the time for the Ẓuhr prayer.
And Allah the Almighty knows best.

What is the ruling on bypassing a nearby mosque for a distant one?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If a distant mosque has a larger congregation (Jama‘ah) while the congregation in the nearby mosque is smaller, and the congregation in the nearby mosque is not adversely affected by the worshiper's absence, then it is better for him to pray in the distant mosque with the larger congregation. However, if the congregation in the nearby mosque would be affected by his absence—such as if he is its Imam, or if his presence encourages others to attend—then praying in the nearby mosque is better. This ensures that the congregation is established in two different locations within the community. This is based on the saying of the Prophet ﷺ: 'A man's prayer offered with another man is purer than his prayer which he offers alone, and his prayer with two men is purer than his prayer with one and if they are more (in number), it is more beloved to Allah, the Mighty the Majestic' (Narrated by Ahmad, Abu Dawood, and An-Nasa'i). And Allah the Exalted knows best.

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